PLANNED PARENTHOOD OF GREATER TEXAS v. KAUFFMAN

No. 17-50282.

981 F.3d 347 (2020)

PLANNED PARENTHOOD OF GREATER TEXAS FAMILY PLANNING AND PREVENTATIVE HEALTH SERVICES, INCORPORATED; Planned Parenthood San Antonio; Planned Parenthood Cameron County; Planned Parenthood Gulf Coast, Incorporated; Planned Parenthood South Texas Surgical Center; Jane Doe, I; Jane Doe 2; Jane Doe 4; Jane Doe 7; Jane Doe 9; Jane Doe 10; Jane Doe 11, Plaintiffs-appellees, v. Sylvia Hernandez KAUFFMAN, in her official capacity as Inspector General of HHSC; Cecile Erwin Young, in her official capacity as Executive Commissioner of HHSC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED November 23, 2020.


Attorney(s) appearing for the Case

Jennifer Sandman , Roger K. Evans , Planned Parenthood Federation of America, New York, NY, Alice J. Clapman , Planned Parenthood Federation of America, Washington, DC, Thomas Hart Watkins, Esq. , Husch Blackwell, L.L.P., Austin, TX, for Plaintiffs-Appellees.

Kyle Douglas Hawkins , Beth Ellen Klusmann, Esq. , Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.

Michael Cantrell , Assistant Attorney General, Office of the Attorney General for the State of Arkansas, Little Rock, AR, for Amici Curiae Tate Reeves, Governor of the State of Mississippi, State of Arkansas, State of Indiana, State of Kansas, State of Kentucky, by and through Governor Matthew G. Bevin, State of Louisiana, State of Michigan, State of Missouri, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wisconsin.

Adam Gustafson , Boyden Gray & Associates, Washington, DC, for Amicus Curiae Kevin Donovan, M.D.

Steven H. Aden , Americans United for Life, Washington, DC, for Amicus Curiae 77 Members of Congress.

Jonathan F. Mitchell , Austin, TX, for Amici Curiae Senator Ted Cruz, Senator John Cornyn, 42 Members of Congress.

Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amicus Curiae Louisiana and Mississippi.

Martha Jane Perkins , National Health Law Program, Chapel Hill, NC, for Amici Curiae National Health Law Program, National Family Planning & Reproductive Health Association, IPAS, National Latina Institute for Reproductive Health, Asian & Pacific Islander American Health Forum, Sexuality Information and Education Council of the United States.

Boris Bershteyn , Thania Charmani , Sophia Morris Mancall-Bitel , Elizabeth Anne Molino Sauvigne , Attorneys, Skadden, Arps, Slate, Meagher & Flom, L.L.P., New York, NY, for Amici Curiae 18 United States Senators, Twenty-Five United States Senators.

Lawrence John Joseph , Washington, DC, for Amicus Curiae Eagle Forum Education and Legal Defense Fund.

Hillary Schneller , Center for Reproductive Rights, U.S. Litigation, New York, NY, for Amici Curiae Black Mamas Matter Alliance, Afiya Center, Black Women's Health Imperative, National Birth Equity Collaborative, Sistersong: The National Women of Color Reproductive Justice Collective, Women with a Vision,

Before OWEN, Chief Judge, and JOLLY, JONES, SMITH, STEWART, DENNIS, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, ENGELHARDT, Circuit Judges.


PRISCILLA R. OWEN, Chief Judge, joined by JOLLY, JONES, SMITH, ELROD, SOUTHWICK, HAYNES, WILLETT, HO, DUNCAN and ENGELHARDT, Circuit Judges:**

In this interlocutory appeal of a preliminary injunction, the dispositive issue is whether 42 U.S.C. § 1396a(a)(23) gives Medicaid patients a right to challenge, under 42 U.S.C. § 1983, a State's determination that a health care provider is not "qualified" within the meaning...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases